Temporary staff remain essential across the construction sector. Employers regularly rely on flexible labour to manage project peaks, specialist skill shortages, programme changes and short-term operational demands.
However, the Employment Rights Bill is changing the employment landscape around temporary staffing and flexible work.
For construction employers that depend heavily on agency workers and temporary labour, this means workforce planning, recruitment processes and labour management practices may need closer review over the next two years.
Why this matters in construction
Construction projects rarely operate in completely fixed conditions.
Programme delays, weather disruption, sequencing changes and client-led amendments often create sudden labour fluctuations. Temporary staff and agency workers help employers respond quickly to these operational pressures.
According to Build UK, flexible labour remains a major part of workforce delivery across the UK construction industry.
However, upcoming employment rights reforms are expected to place greater responsibilities on employers around:
- Shift management
- Worker communication
- Record keeping
- Scheduling practices
- Sick pay and leave rights
However, the impact will not apply in exactly the same way across permanent employees, temporary workers and agency workers. Some rights already apply to agency workers under existing legislation, while several proposed Employment Rights Act reforms — particularly around guaranteed hours, shift notice and cancelled shifts — are expected to extend further protections to temporary and agency workers as well. More specifically:
- Shift management / scheduling / cancellations
These upcoming reforms are expected to apply to agency workers and zero-hours workers, not just permanent staff.
- Sick pay
SSP reforms now extend more broadly to workers, including many agency workers and flexible workers, depending on employment status and assignment structure.
- Leave rights
Day-one rights like paternity leave mainly relate to employees, although some protections may still affect long-term temporary arrangements depending on status and contractual setup.
- Record keeping and communication
While not a standalone legal “right”, employers using temporary labour will likely need stronger processes and documentation to remain compliant as the rules tighten around scheduling, worker protections and agency arrangements.
As a result, construction businesses that rely heavily on reactive staffing models may face increased operational and financial risk if workforce planning remains fragmented.
What has already changed
Several employment rights changes affecting temporary staff are already in force, with further reforms continuing to roll out throughout 2026 and 2027 under the Employment Rights Act
Statutory Sick Pay changes
Statutory Sick Pay (SSP) is now paid from the first day of illness rather than the fourth, and the lower earnings limit has been removed.
The UK Government’s Employment Rights Bill guidance explains that these reforms are designed to strengthen worker protections and improve access to employment rights.
For employers using temporary labour, this may increase the importance of absence tracking, workforce planning and payroll accuracy.
Day-one leave rights
From 6 April 2026:
- Paternity leave became a day-one right
- Unpaid parental leave also became a day-one right
These changes may affect temporary staffing models where employers previously relied on shorter qualifying periods for workforce flexibility.
Fair Work Agency
The Fair Work Agency was established on 7 April 2026 to strengthen the enforcement of employment rights across UK workplaces.
Construction employers using large volumes of temporary labour may therefore face greater scrutiny around compliance and worker treatment.
What is still coming for temporary staff
Several significant reforms are still expected during 2027, although some implementation details remain subject to consultation.
Planned changes include:
The UK Parliament Employment Rights Bill tracker provides ongoing updates on the progress of these reforms.
What this means for construction employers
Construction employers may need to rely less on informal or reactive staffing approaches as the rules around temporary work evolve.
Potential operational impacts include:
- Increased costs linked to cancelled shifts
- Greater pressure on labour forecasting
- More structured scheduling requirements
- Stronger record-keeping expectations
- Closer review of agency worker arrangements
Employers should also assess whether temporary work patterns are becoming regular enough to create additional employment risks under future guaranteed-hours provisions.
This makes visibility and workforce planning increasingly important, particularly for businesses managing multiple projects or agency suppliers simultaneously.
How Strategic Resourcing helps construction employers
Strategic Resourcing helps construction employers improve visibility, control and efficiency across temporary staffing and recruitment activity.
As labour rules become more complex, employers need better oversight of:
- Workforce demand
- Recruitment activity
- Labour planning
- Supplier performance
- Staffing workflows
Strategic Resourcing supports a more structured and centralised approach to temporary staffing, helping employers reduce inefficiencies caused by fragmented or reactive recruitment processes.
Conclusion
Temporary staff will remain essential across the construction sector, but the employment rights landscape is changing quickly.
Construction employers that rely on flexible labour should begin reviewing staffing models now, particularly around shift planning, cancellations, leave rights and workforce visibility.
Looking for a better way to manage temporary labour? Strategic Resourcing helps construction employers improve visibility, planning and control across their staffing process.
